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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10540
Experience:  Barrister 17 years experience
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Can i stop being a guarantor rented flat before a proposed

Customer Question

can i stop being a guarantor for a rented flat before a proposed tenancy extension has begun?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. The first thing you need to realise is that a Deed of Guarantee has a fixed finite term, if it is for the term of a lease. So, in law, you cannot be made guarantor for an extension of the lease unless you consent to this course of action. Secondly, to safeguard your position, now that the tenant is uncooperative and non-communicative, you should serve a Notice of Termination of the Guarantee effective as of the date of the end of the current tenancy and before the proposed tenancy extension begins. This Notice of Termination of the Guarantee should be served on the landlord and his agent, the letting agent. You should also serve a copy on the tenant, even though there is no need to do so. You can make up a Notice of Termination of Guarantee yourself by simply citing the lease and guarantee given, the dates and term of it and the simply that "Take Notice that this guarantee is hereby terminated from" the date of the end of the tenancy term.
Expert:  Buachaill replied 1 year ago.
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